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AzBN – January 2013, Regular Board Meeting Minutes 1 Arizona State Board of Nursing Janice K. Brewer Joey Ridenour Governor Executive Director Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:00 a.m., Tuesday, January 29, 2013, in the Board of Nursing Board Room, Suite 200, 4747 N. 7 th Street, Phoenix, Arizona, with Randy C. Quinn, CRNA, President, presiding. BOARD MEMBERS PRESENT: Randy C. Quinn, CRNA, President Carolyn Jo McCormies, RN, MS, FNP-BC, Vice President Theresa (Terri) Berrigan, LPN, C-AL, Secretary Leslie Dalton, MSN, RN, Member Lori Gutierrez, BS, RN-C, Member M. Shawn Harrell, RN, MS, Member Patricia Johnson, LPN, Board Member Kim Post, DNP, MBA/HCM, RN, NEA-BC, Member Charleen L. Snider, BSN, RN, Member BOARD MEMBERS ABSENT: Kathryn L. Busby, JD, Member LEGAL COUNSEL: Elizabeth Campbell, Assistant Attorney General Anna Finn, Assistant Attorney General STAFF DIRECTORS: Joey Ridenour, RN, MN, FAAN, Executive Director Nikki Austin, JD, RN, Associate Director of Investigations/Compliance Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation Kirk Olson, Lead Senior Investigator Emma Mamaluy, JD, Chief Counsel STAFF: Susan Barber, RN, MSN, Nurse Practice Consultant/Hearings Frannie Breed, RN, BSN, Education Consultant Janeen Dahn, MSN, FNP, Nurse Practice Consultant/AP Diva Galan, JD, Senior Investigator Tamara Greabell, MA, BSN, RN, Nurse Practice Consultant Jan Kerrigan, RN, BSN, Nurse Practice Consultant/CANDO Kristi Hunter, MSN, FNP-C, Nurse Practice Consultant Dolores Hurtado, Senior Investigator Ruth Kish, RN, MN, Nurse Practice Consultant Ron Lester, Senior Investigator Jennifer McWilliams, Senior Investigator Linda Monas, Senior Investigator Cristina Oates, Legal Assistant Doug Parlin, Senior Investigator Mary Rappoport, RN, MN, Nurse Practice Consultant Bonnie Richter, MSW, Senior Investigator Jeanine Sage, RN, MSN, Nursing Assistant Consultant Valerie Smith, RN, MS, FRE, Consultant to Exec Director Dirk VandenBerg, Sr., Senior Investigator Opal Wagner, RN, BSN, Nurse Practice Consultant Barbara Melberg, Legal Secretary Lisa Youtsey, Administrative Assistant

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Page 1: Arizona State Board of Nursing...Gutierrez moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to prevent injury (skin tear) to M.D. in

AzBN – January 2013, Regular Board Meeting Minutes 1

Arizona State Board of Nursing Janice K. Brewer Joey Ridenour Governor Executive Director

Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:00 a.m., Tuesday, January 29, 2013, in the Board of Nursing Board Room, Suite 200, 4747 N. 7th Street, Phoenix, Arizona, with Randy C. Quinn, CRNA, President, presiding.

BOARD MEMBERS PRESENT: Randy C. Quinn, CRNA, President

Carolyn Jo McCormies, RN, MS, FNP-BC, Vice President Theresa (Terri) Berrigan, LPN, C-AL, Secretary

Leslie Dalton, MSN, RN, Member Lori Gutierrez, BS, RN-C, Member

M. Shawn Harrell, RN, MS, Member Patricia Johnson, LPN, Board Member

Kim Post, DNP, MBA/HCM, RN, NEA-BC, Member Charleen L. Snider, BSN, RN, Member

BOARD MEMBERS ABSENT: Kathryn L. Busby, JD, Member

LEGAL COUNSEL:

Elizabeth Campbell, Assistant Attorney General Anna Finn, Assistant Attorney General

STAFF DIRECTORS:

Joey Ridenour, RN, MN, FAAN, Executive Director Nikki Austin, JD, RN, Associate Director of Investigations/Compliance

Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation

Kirk Olson, Lead Senior Investigator Emma Mamaluy, JD, Chief Counsel

STAFF:

Susan Barber, RN, MSN, Nurse Practice Consultant/Hearings Frannie Breed, RN, BSN, Education Consultant

Janeen Dahn, MSN, FNP, Nurse Practice Consultant/AP Diva Galan, JD, Senior Investigator

Tamara Greabell, MA, BSN, RN, Nurse Practice Consultant Jan Kerrigan, RN, BSN, Nurse Practice Consultant/CANDO

Kristi Hunter, MSN, FNP-C, Nurse Practice Consultant Dolores Hurtado, Senior Investigator

Ruth Kish, RN, MN, Nurse Practice Consultant Ron Lester, Senior Investigator

Jennifer McWilliams, Senior Investigator

Linda Monas, Senior Investigator Cristina Oates, Legal Assistant

Doug Parlin, Senior Investigator Mary Rappoport, RN, MN, Nurse Practice Consultant

Bonnie Richter, MSW, Senior Investigator Jeanine Sage, RN, MSN, Nursing Assistant Consultant

Valerie Smith, RN, MS, FRE, Consultant to Exec Director Dirk VandenBerg, Sr., Senior Investigator

Opal Wagner, RN, BSN, Nurse Practice Consultant Barbara Melberg, Legal Secretary

Lisa Youtsey, Administrative Assistant

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AzBN – January 2013, Regular Board Meeting Minutes 2

I. Call to Order The meeting was called to order at 8:00 a.m., Tuesday, January 29, 2013. The following Board members were present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. Quinn presided. Quinn welcomed members of the audience, explained the procedure for addressing the Board, and stated the mission of the Board. VI. RN/LPN/CNA Investigative Reports VI.B.5. Sandra Brigitte Fedie RN124457; LP028442 (Greabell) Johnson moved, McCormies seconded, and it was unanimously carried to table Agenda Item VI.B.5. VI.M.9. Amber Dawn Devlin RN168138 (Sage) Attorney Charles Hover was present and available for questions. Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for neglecting to chart in a resident’s record her assessment of Resident J.G.’s leg on November 13, 2011, while employed as an RN at Westchester Care Center in Tempe, Arizona. VI.B.10. Erica Scheer Slapke RN074352 (Greabell) Greabell addressed the Board with additional information. Attorney Matthew McClellan and Slapke were present and available for questions. Snider moved, McCormies seconded, and it was unanimously carried to dismiss the complaint. VI.B.4. Annalisa Machado RN158948; LP044470 (Greabell) Attorney Amanda Danianakos was present and available for questions. Snider moved, Dalton seconded, and it was unanimously carried, on a determination of reasonable cause based on the facts alleged in the investigative report (and material presented at this Board meeting), at no cost to the Board, issue an Interim Order for a psychiatric evaluation by a Board approved psychiatrist with emphasis on substance use disorders and anger management, and to include any additional testing deemed necessary by the evaluator, to be completed within (45) days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.B.8. Janet E. Moskop RN158174 (Greabell) (aka: Palmineelo; Fields) Greabell addressed the Board with additional information. Moskop was present and available for questions. Attorney Scott King was present and addressed the Board. Dalton moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a minimum of 12-month probation and accept coursework on Documentation and to include the additional attached stipulations, amended to include: night shift prohibited. If not signed within 30 days, issue Notice of Charges.

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AzBN – January 2013, Regular Board Meeting Minutes 3

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.B.5. Sandra Brigitte Fedie RN124457; LP028442 (Greabell) Berrigan moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.B.5. Attorney Faren Akins was present and available for questions. Johnson moved, Post seconded, and it was unanimously carried to dismiss the complaint. VI.E.6. Luanne Shirley Kelly RN133348; AP3594 (Hunter) Hunter addressed the Board with additional information. Kelly was present and available for questions. Attorney Zachary Cain was present and addressed the Board. Quinn moved, McCormies seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for suspension, not to exceed 12-months including attached stipulations, followed by 18-months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges. The motion carried with eight in favor and one abstained.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 1 X ABSENT 1 X

V.B. Applicants for Reissuance & Investigative Reports V.B.2. Angela Marie Miller RN114201 Richter (aka: Skaggs) Richter addressed the Board and confirmed receipt of additional information. Miller was present and available for questions. Attorney Camila Alarcon was present and addressed the Board. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 24 months stayed revocation during which time the license is placed on probation, followed then by 12 months standard probation including the attached stipulations, to grant temporary license for RN Refresher Course only. Upon successful completion of RN Refresher Course, grant RN license under applicable terms. If not signed within 30 days, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Shawn

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI. RN/LPN/CNA Investigative Reports VI.B.10. Erica Scheer Slapke RN074352 (Greabell) Berrigan moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.B.10. Berrigan moved, Snider seconded, and it was unanimously carried to table Agenda Item VI.B.10. VI.A.1. Lori Mulick RN085419; AP0381 (Dahn) Attorney Michael Smith and Mulick were present, telephonically, and available for questions. Snider moved, McCormies seconded, and it was unanimously carried to dismiss the complaint. VI.A.2. Elizabeth Anne McMorran RN136015; AP2312 (Dahn) Dalton moved, Post seconded, and it was unanimously carried to dismiss the complaint.

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AzBN – January 2013, Regular Board Meeting Minutes 4

VI.D.3. Stephanie Renee Vagg RN137529 (Kerrigan) Kerrigan addressed the Board with additional information. Vagg was present and available for questions. Attorney Susan McLellan was present and addressed the Board. Dalton moved, Berrigan seconded, to issue a Letter of Concern for striking a coworker on or about December 29, 2011, while working as a staff nurse at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona. After discussion the motion carried with eight in favor and one opposed. VI.F.5. Patricia A. Saya RN096237 (Kish) Kish addressed the Board with additional information. Attorney Tamara Brooks-Primera and Saya were present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried to dismiss complaints #1 and #2. VI.F.3. Sandra Kathleen Hoagland RN118664 (Kish) Kish noted a technical correction to the investigative report. Complainant’s Robert and Sharon DiCosmo were present and addressed the Board. Attorney Andrew Rosenzweig and Hoagland were present and addressed the Board. Quinn moved, McCormies seconded, to dismiss the complaint. After discussion, the motion failed with six opposed, two in favor and one abstained. Gutierrez moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for failing to prevent injury (skin tear) to M.D. in the course of a transfer from commode to bed at John C. Lincoln Deer Valley Hospital in Phoenix, Arizona, on or about August 26, 2011. VI.B.10. Erica Scheer Slapke RN074352 (Greabell) Gutierrez moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.B.10. for the purpose of allowing complainants Pamela James and Celia Stover to address the Board. Attorney Matthew McClellan was present and available for questions. Greabell addressed the Board with additional information. Quinn moved, Berrigan seconded, and it was unanimously carried to affirm prior Board decision for dismissal. VI.E.9. Eureka S. Ragan RN17391; AP1482 (Hunter) Attorney Lisa Weinzweig and Ragan were present and available for questions. Johnson moved, Post seconded, and it was unanimously carried to dismiss the complaint. VI.K.5. Shelly Cook RN Endorsement (Olson) Olson addressed the Board with additional information. Attorney Rob Chelle was present and addressed the Board. Quinn moved, Snider seconded, and it was unanimously carried to accept the signed Consent Agreement for a $500 Administrative Penalty, and upon meeting all requirements, grant licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.F.6. Chayton River Stone LP047213 (Kish) (aka: Saidi; Michelle Jaleh) Attorney Rob Chelle was present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to maintain professional boundaries by marking the back of the hand of the mother of a pediatric patient P.M. in the client’s home while working for Loving Care Agency, Phoenix, Arizona, in or about May, 2012.

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AzBN – January 2013, Regular Board Meeting Minutes 5

V.C. Non-Compliance/Compliance with Board Orders V.C.3. Nancy Disbrow Kerrigan RN092623 (Galan) Kerrigan was present and available for questions. Attorney Rob Chelle was present and addressed the Board. Johnson moved, McCormies seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue a Letter of Concern for the September 13, 2012, no-show random urine drug screen and for initially failing to disclose the real reason to Board staff for the no-show and to allow respondent to continue on the Order. VI. RN/LPN/CNA Investigative Reports VI.O.4. Erin Kathleen Call RN139668 (Richter) Attorney Rob Chelle was present and addressed the Board. Post moved, Harrell seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. The motion carried with eight in favor and one opposed. VI.O.14. Kira Wilder RN100938 (Richter) (aka: Boyle) Attorney Rob Chelle was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for the misdemeanor conviction on May 18, 2012, in the Phoenix Municipal Court for Driving Under the Influence/Impaired to Slightest Degree. V.F. CANDO Eligibility/Noncompliance & Investigative Reports V.F.5. John Michael Sullivan RN121236 (Smith) Smith addressed the Board with additional information. Attorney Rob Chelle was present and addressed the Board. McCormies moved, Gutierrez seconded, and it was unanimously carried to allow respondent the opportunity to reinstate into CANDO for six additional months by signing a Stipulated Agreement consistent with CANDO terms and conditions. VI. RN/LPN/CNA Investigative Reports VI.A.4. Carol Ann Mekula RN033269; CRNA0254 (Dahn) Snider moved, Dalton seconded, to dismiss the complaint. The motion carried with eight in favor and one opposed. VI.A.6. Catherine Laughlin RN036689; AP1008 (Dahn) Complainant Dr. McGee was present telephonically and addressed the Board. An attempt was made to contact Laughlin, telephonically, and a message was left that the Board would move forward with the case. Snider moved, Berrigan seconded, and after discussion it was unanimously carried to dismiss the complaint. The meeting recessed at 9:43 a.m. and reconvened at 10:02 a.m. IV.B. Felony Bar Cases IV.B.2. Board Staff Recommendation: Notice of Charges for RN/LPN/CNA Agenda # Name License/Certificate # Staff IV.B.2.a. Jamilyn Monz CNA1000018124 Monas

Monas addressed the Board with additional information. Monz and Hector Stenchji were present and addressed the Board. Quinn moved, Johnson seconded, and unanimously carried to adopt the attached Notice of Charges.

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AzBN – January 2013, Regular Board Meeting Minutes 6

Agenda # Name License/Certificate # Staff IV.B.2.c. Kristella Brandenburg (aka:

Najera; Rodriguez) LP047481 Olson

Brandenburg was present and addressed the Board. Johnson moved, McCormies seconded, and unanimously carried to adopt the attached Notice of Charges. Agenda # Name License/Certificate # Staff IV.B.2.b. Donna Lou Stack RN110459 Monas IV.B.2.d. Kimberley Nicole Davis CNA999995123 Parlin IV.B.2.e. Martha Mae Schlener LP040222 Smith

Johnson moved, Gutierrez seconded, and unanimously carried to adopt the attached Notice of Charges for Agenda Items IV.B.2.b, d, and e. VI. RN/LPN/CNA Investigative Reports VI.A.5. Beverly Jean Rockwell RN057501; AP0087 (Dahn) Attorney Teressa Sanzio was present, telephonically, and was available for questions. Complainant Beverly McGrane was present and addressed the Board. Johnson moved, Gutierrez seconded, and it was unanimously carried to table Agenda Item VI.A.5. Berrigan returned to the meeting at 10:22 a.m. VI.A.8. Cary Robert Bennett RN154913; AP3188 (Dahn) Bennett was present and addressed the Board. Johnson moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for failing to maintain professional conduct during a code situation on or about July 19, 2010, at St. Joseph’s hospital in Phoenix, Arizona. VI.B.7. Carmen Lewis Cox RN155922; R734211 (Compact MS) (Greabell) Cox was present and addressed the Board. Johnson moved, Quinn seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with eight in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 1 X

VI.E.7. Jennifer Eileen Szelepski RN152290 (Hunter) Attorney Ken Baker and Szelepski were present and addressed the Board. Gutierrez moved, Snider seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with five in favor and four opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 5 X X X X X NO 4 X X X X

ABSTAIN 0 ABSENT 1 X

VI.B.12. Daylon Donald Stoykovich RN156000 (Greabell) Stoykovich was present and addressed the Board. Harrell moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for

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AzBN – January 2013, Regular Board Meeting Minutes 7

at minimum (18)-month stayed suspension probation. If not signed within (30) days, issue Notice of Charges. After discussion, Harrell amended the motion to include the following stipulations: abstain from unauthorized drug, proof of prescription, one medical provider and night shift prohibited. Dalton concurred. The motion carried with eight in favor and one abstained.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 1 X ABSENT 1 X

VI.B.14. Matthew Dean Laird RN141191 (Greabell) Greabell addressed the Board and confirmed receipt of additional information. Laird was present and addressed the Board. Dalton moved, Berrigan seconded, and after discussion it was unanimously carried based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a minimum 24 month stayed suspension/probation with terms and conditions to include respondent's agreement that he will voluntarily cease the practice of nursing immediately upon the effective date of the Order except in connection with completion of a Board approved Nurse Refresher Course. Following successful completion of the Nurse Refresher Course, respondent may resume the practice of nursing pursuant to the attached terms and conditions, amended to include: performance evaluations monthly for the first 18 months and quarterly thereafter. If not signed within 15 days, issue Complaint and Notice of Hearing.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.B.15. Shoko Williams RN120940 (Greabell) Williams was present and addressed the Board. McCormies moved, Berrigan seconded, and it was unanimously carried to table Agenda Item VI.B.15. VI.C.1. Michelle Lynn Flarity CNA1000023877 (VandenBerg) Flarity was present and addressed the Board. McCormies moved, Berrigan seconded, and it was unanimously carried, upon a determination of reasonable cause, based on the facts alleged in the investigative report, and material presented at this Board meeting, to issue an Interim Order for a substance abuse evaluation by a Board approved PhD prepared licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

IX. Dialogue with Nursing Students The Board members and staff dialogued with Arizona College, Gateway Community College and Eastern Arizona College nursing students regarding Board functions, policies and procedures. Questions were asked on:

Process for determining Board decisions The roll of the Board member Whether dismissals are posted in the on the website

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AzBN – January 2013, Regular Board Meeting Minutes 8

The meeting recessed at 12:03 p.m. and reconvened at 12:59 p.m. McCormies returned to the meeting at 1:02 p.m. IV.D. Board Staff Recommendation: Applicants for Licensure IV.D.1. Julia Ritchie LP Endorsement (Bontrager) Johnson moved, Dalto seconded, and it was unanimously carried to accept applicant’s education to meet the educational requirement for licensure in AZ. Grant LPN licensure that is “Valid in AZ Only” when all requirements are met. V.D. Non-Compliance/Compliance with Board Orders V.D.6. Lajuane Rutherford RN162498 (Oates) Rutherford was present and addressed the Board. Snider moved, Dalton seconded, and it was unanimously carried to accept signed Consent Agreement with respondent’s request to amend the terms and conditions of the Consent Agreement the Board voted to offer on May 22, 2012, to allow respondent to work any shift and allow respondent to work 10-13 week block assignments for one registry. If not signed within 30 days, issue a Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI. RN/LPN/CNA Investigative Reports VI.E.2. Patricia Erickson LP022630 (Hunter) Hunter addressed the Board with additional information. McCormies moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.E.3. Patricia Sarver LP004070 (Hunter) Johnson moved, Gutierrez seconded, and it was unanimously carried to issue a Letter of Concern for preventing her employer, and owner of Nurse of Scottsdale, from entering the home of a current patient and client D.W. and for suggesting to the patient to change home care agencies, on or about April 6, 2012, while contracted to work at patient D.W.'s home in Paradise Valley, AZ, by Nurse of Scottsdale. VI.H.8. Allison Christina Pressey RN Exam (McWilliams) Pressey was present and addressed the Board. Gutierrez moved, Berrigan seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the May 14, 2002 arrest in Phoenix, Arizona, for Bad Checks; the May 3, 2006 arrest in Glendale, Arizona for Possession of Paraphernalia; and the July 25, 2006 arrest in Surprise, Arizona for Possession of Paraphernalia and Possession or Use of Narcotic Drugs, resulting in TASC Drug Diversion Program for Possession/Use of Narcotic Drugs, a felony, and Possession of Paraphernalia, a felony, which were dismissed after successful completion of the program.

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AzBN – January 2013, Regular Board Meeting Minutes 9

VI.H.11. Lisette G. Telles RN Exam (McWilliams) Telles was present and addressed the Board. Dalton moved, Berrigan seconded, and after discussion it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for her August 29, 2012 misdemeanor conviction for Driving Under the Influence in Phoenix, Arizona. VI.H.13. Jenna Marie Steimer RN Exam (McWilliams) Steimer and Stacey Peterson were present and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 12-months probation to include the attached stipulations amended to include direct supervision, to grant licensure. If not signed within 30 days, deny licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.H.14. Humberto Pedro Gherna RN Exam (McWilliams) Gherna was present and addressed the Board. Snider moved, Gutierrez seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for arrests or citations occurring on or about October 3, 1995, October 30, 1995, May 2, 1996, May 16, 1996, September 2, 1998, March 26, 1999, September 24, 2001, March 7, 2003, and July 11, 2003 in Tucson, Arizona; and an arrest on March 20, 2004, in Scottsdale, Arizona. VI.I.1. Catherine Jane Ganyo-Obregon RN147499 (Wagner) Tanya Soto was present and available for questions. Ganyo-Obregon was present and addressed the Board. Johnson moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Letter of Concern for failing to timely return belongings to Patient A’s family in or about September 2012, while employed at Serenity Hospice in Phoenix, Arizona. VI.I.2. Linda Emmerich Tomassoni RN055089 (Wagner) Tomassoni was present and addressed the Board. Johnson moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.J.9. Jeremy Cameron Leonard RN Exam (Monas) Leonard was present and addressed the Board. Dalton moved, McCormies seconded, and it was unanimously carried to table Agenda Item VI.J.9. VI.J.10. Mark Christopher Mueller CNA Exam (Monas) Mueller was present and available for questions. McCormies moved, Dalton seconded, and after discussion it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, and upon meeting all requirements and signing a Consent Agreement for 24-months stayed revocation, to include a $100 Civil Penalty and the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.K.1. Kari Sue Anderson RN Endorsement (Olson) Anderson was present and addressed the Board. Post moved, Gutierrez seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for an I8-month probation including the attached stipulations, to grant licensure. If not signed within 30 days, deny licensure. After discussion Post amended the motion to add to the stipulations: nurse recovery. Gutierrez concurred. The motion carried unanimously.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.K.2. Patrice R. Mills LP Exam (Olson) (aka: Williams; Mills-Williams) Mills was present and available for questions. Snider moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for a 12-month probation including the attached stipulations, to grant licensure. If not signed within 30 days, deny licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.K.3. Paul Anthony Shuma CNA Exam (Olson) Shuma was present and addressed the Board. Post moved, Snider seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to obtain a psychological evaluation, to include a substance abuse evaluation, with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.L.1. Anthony David Martinez RN Exam (Parlin) Martinez was present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for an 18 month probation including the attached stipulations, to grant RN licensure. If not signed within 30 days, deny RN licensure and issue a Notice of Charges on LP047652.

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AzBN – January 2013, Regular Board Meeting Minutes 11

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.L.2. Ben R. Elam RN098019 (Parlin) Elam was present and available for questions. Snider moved, Johnson seconded, to issue a Letter of Concern for the positive drug screen for Methamphetamines on or about October 9, 2011, in Phoenix, Arizona. After discussion, Snider withdrew the motion and moved to dismiss the complaint. Johnson concurred. The motion carried unanimously. VI.L.4. Elma Munoz RN081669; AP0329 (Parlin) Munoz was present and addressed the Board. Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the October 24, 2011, misdemeanor Extreme DUI conviction in Phoenix, Arizona. VI.L.7. Kathryn L. Erlanger CNA Exam (Parlin) Erlanger was present and available for questions. Dalton moved, Johnson seconded, and it was unanimously carried, upon meeting all requirements, to grant certification and issue a Letter of Concern for the April 3, 1991, misdemeanor DUI conviction in Las Vegas, Nevada, and for the October 26, 1997, DUI arrest in Bloomfield, New Mexico. VI.L.10. Veronica Alexandria Donnell RN157880; CNA1000002377 (Parlin) Donnell was present and addressed the Board. Berrigan moved, Gutierrez seconded, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona. After discussion, Berrigan amended the motion to read: for complaint #1, to issue a Letter of Concern for March 14, 2012, misdemeanor Extreme DUI conviction in Prescott, Arizona; and for complaint #2, to dismiss the complaint. Gutierrez concurred. The motion carried unanimously. VI.B.15. Shoko Williams RN120940 (Greabell) McCormies moved, Berrigan seconded, and it was unanimously carried to reopen Agenda Item VI.B.15. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a minimum 24 months standard probation with terms and conditions, amended to include: allowed to work at current employment with direct supervision. If not signed within 15 days, issue Complaint and Notice of Hearing.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.M.21. Alyssa May Runge CNA1000025777 (Sage) Sage addressed the Board with additional information. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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VI.Q.1. Elisabeth Louise Shooter LP040397 (Smith) Smith addressed the Board with additional information. Shooter was present and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for suspension, not to exceed 18 months pending the successful completion of nursing ethics course, alcohol and drug education, enrollment in psychological counseling and to include the attached stipulations amended to include: submit interlock readings monthly, to be followed by a 24- month probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.P.1. Esperanza Felix CNA128361103 (revoked) (Austin) (aka: Garcia; Amaral) Austin addressed the Board with additional information. Felix was present and addressed the Board. Dalton moved, McCormies seconded, and it was unanimously carried to allow respondent’s case to be re-opened to permit respondent the opportunity to respond to the allegations against her and oppose the State’s Motion to Deem Allegations. VI.N.11. Cindy Chavez Arrossa RN062831 (Rappoport) Rappoport addressed the Board with additional information. Arrossa was present and addressed the Board. Quinn moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for administering a 2 mg Morphine Sulfate liquid sublingually to patient C.E., without a physician order on or about June 4, 2012, while employed as a Hospice Nurse Case Manager by Casa de la Luz Hospice, in Tucson, Arizona. V.F. CANDO Eligibility/Noncompliance & Investigative Reports V.F.3. Kristie Bessie Kewenvoyouma RN150850 (Smith) Kewenvoyouma was present and available for questions. Quinn moved, Perry seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 48-month stayed revocation to include the attached stipulations. For the first 12 months the license will be placed on suspension and for the duration of the stayed revocation, the license will be placed on probation. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI. RN/LPN/CNA Investigative Reports VI.J.9. Jeremy Cameron Leonard RN Exam (Monas) Berrigan moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.J.9. Monas addressed the Board with additional information. Quinn moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 12 months suspension including the attached stipulations, to be followed by 36 months stayed revocation/probation including the attached stipulations, to grant licensure. If not signed within 30 days, deny licensure.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

The meeting recessed at 2:47 p.m. and reconvened at 3:04 p.m. IX. Dialogue with Nursing Students The Board members and staff dialogued with Gateway Community College, Eastern Arizona College and Fortis College nursing students regarding Board functions, policies and procedures. Questions were asked on:

The definition of a Letter of Concern and how it affects a license Whether the employer is aware of a Letter of Concern Recommendations and advice from Board to students Role of the investigator and length of investigations Legal ramifications to the Board How to acquire a position on the Board Whether Board members discuss and decide motions or decisions prior to Board meetings Whether a nurse can work as a certified nursing assistant

V.F. CANDO Eligibility/Noncompliance & Investigative Reports V.F.1. Kimberly Joy Fannon RN118375 (Smith) Smith addressed the Board with additional information. Johnson moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. V.F.2. Charlotte Harper Capin RN083253 (Smith) Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 24-month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by a 24-month probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

V.F.7. Heather L. McDormett RN101631 (Wagner) Snider moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to accept the signed Stipulated Agreement for at minimum, 36-month CANDO participation.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI. RN/LPN/CNA Investigative Reports VI.A.3. Linda Jo Nelson RN076671; AP1418 (Dahn) Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 24 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.A.7. Ann Elizabeth Maier RN034351; AP050 (Dahn) Dalton moved, Snider seconded, and it was unanimously carried to dismiss the complaint. VI.B.1. Mary Ann Jackson RN125048 (Greabell) McCormies moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for violating Good Samaritan Society facility policy Controlled Substances II.M.8i (4) and (6) by failing to notify the Director and completing an incident report after Respondent discovered that a card of Oxycodone 10 mg was missing while employed as a RN at Good Samaritan Society in Peoria, Arizona, on or about October 7, 2011. VI.B.6. Candice Nicole Hough LP044633 (Greabell) (aka: Hightower) Johnson moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.B.11. Dollie Marie Allan RN098566 (Greabell) Gutierrez moved, Snider seconded, and it was unanimously carried, accept signed Consent Agreement for 18 months stayed suspension/ probation including stipulations.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.B.13. Jinling Yu RN115700 (Greabell) Post moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to notify the physician prior to writing a telephone order on patient D.A. on or around December 16, 2011, in violation of Policy PCI.034 Accepting Written, Verbal and Telephone Orders while employed as a RN at Mercy Gilbert Medical Center in Gilbert, Arizona. VI.B.16. Amy West RN167750 (Greabell) Johnson moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12 months probation to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.C.2. Sonia Maria Padilla CNA Endorsement (VandenBerg) Padilla was present, telephonically, and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for the July 27, 2012, conviction of DUI, a misdemeanor, in Tucson City Court, in Tucson, Arizona.

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VI.D.1. Lisa Rebecca Kay RN162097 (Kerrigan) Kerrigan addressed the Board and confirmed receipt of additional information. Kay was present, telephonically, and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 18 months stayed suspension/probation followed by 18 months standard probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.D.4. Katonah Salonika Ziarnick RN168444 (Kerrigan) Johnson moved, Dalton seconded, and it was unanimously carried, making a finding of reasonable cause, based upon the allegations in the investigative report and at no cost to the Board, to issue an Interim Order for a psychological evaluation with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 30 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue Complaint Notice of Hearing and include the factual allegations and alleged violations for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.D.5. James Paul Zbell RN094362 (Kerrigan) Zbell was present, telephonically, and addressed the Board. Snider moved, Johnson seconded, and it was unanimously carried to dismiss the complaint. VI.D.6. Shelley A. McMahon LP047757; CNA1000019070 (Kerrigan) Kerrigan addressed the Board with additional information. Berrigan moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 18 months stayed suspension/probation followed by 18 months standard probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.E.1. Debra Carnes Herbold LP019299 (Hunter) Hunter addressed the Board with additional information. Post moved, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12-months probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges. After discussion, Post withdrew the motion. McCormies moved, Post seconded, and it was unanimously carried to table Agenda Item VI.E.1. VI.F.1. Kimberly Baker 36639 (Compact NE); AP Endorsement (Kish) Quinn moved, Berrigan seconded, and it was unanimously carried, based upon the investigative findings, and upon meeting all requirements, to grant NP Certificate and issue a Letter of Concern for

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AzBN – January 2013, Regular Board Meeting Minutes 16

the 2003 fraudulent prescription writing discipline in Nebraska and the 2005-7 practicing out of scope in a mental health capacity in Nebraska, as well as failing to disclose the Nebraska Board actions to the Iowa Board in 2011. VI.F.2. April Diane Harris RN129408 (Kish) Kish addressed the Board with additional information. Quinn moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to accept the signed Consent Agreement for a Decree of Censure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.1. Jared W. Demeyer CNA Exam (Lester) An attempt was made to contact Demeyer telephonically and a message was left that the Board would move forward with the case. McCormies moved, Berrigan seconded, to continue the investigation to allow applicant the opportunity to voluntarily obtain a psychological evaluation with an emphasis on substance abuse to be completed by a Board approved PhD prepared licensed psychologist with expertise in substance abuse to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification. The motion carried with eight in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 1 X

VI.G.2. Alice F. Graham CNA Exam (Lester) (aka: Matthews; Bruton; Lal, Peaches) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.3. Michael F. Hughes RN Endorsement (Lester) Lester addressed the Board with additional information. Quinn moved, Gutierrez seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.4. Esther E. Johnson CNA Exam (Lester) (aka: Kirschbauer) Johnson moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and

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AzBN – January 2013, Regular Board Meeting Minutes 17

signing a Consent Agreement for a Decree of Censure, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.5. Toni A. Lafevre CNA Exam (Lester) Lester addressed the Board with additional information. Johnson moved, Gutierrez seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.6. Shawn N. Morrison CNA Exam (Lester) Gutierrez moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.7. Eric C. Muchow CNA Exam (Lester) McCormies moved, Snider seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to voluntarily obtain a psychological evaluation with an emphasis on substance abuse to be completed by a Board approved PhD prepared licensed psychologist with an expertise in substance abuse to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.8. Andrew J. Riggs CNA Exam (Lester) Gutierrez moved, McCormies seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to voluntarily obtain a psychological evaluation with an emphasis on substance abuse to be completed by a Board approved PhD prepared licensed psychologist with an expertise in substance abuse to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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AzBN – January 2013, Regular Board Meeting Minutes 18

VI.G.9. Frezanda Tate CNA Exam (Lester) McCormies moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant certification and issue a Letter of Concern for the November 10, 2003, open ended theft conviction that was later designated a misdemeanor on December 6, 2005, in Navajo County Superior Court in Holbrook, Arizona. VI.G.10. Leticia Yescas CNA Exam (Lester) Dalton moved, Harrell seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.11. Sandra Portillo CNA Endorsement (Lester) Lester addressed the Board with additional information. McCormies moved, Gutierrez seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 18-months probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.12. Jennifer A. McCollum CNA Exam (Lester) Lester addressed the Board with additional information. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 24-months probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.13. Alison Lennander CNA999997156 (Lester) Lester addressed the Board with additional information. Post moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.G.14. David M. Johnson CNA Exam (Lester) Lester addressed the Board with additional information. Gutierrez moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the

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AzBN – January 2013, Regular Board Meeting Minutes 19

investigative report, upon meeting all requirements and signing a Consent Agreement for 24-months probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.H.1. Sophia Burma CNA Endorsement (McWilliams) McCormies moved, Dalton seconded, and after discussion it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for a Decree of Censure, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.H.2. Kate Elizabeth Dalessio RN118716 (McWilliams) Gutierrez moved, Berrigan seconded, and after discussion it was unanimously carried to issue an Interim Order for a psychological evaluation, to include a substance use/abuse evaluation, with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.H.3. Lynn Roseanne Finch RN Endorsement (McWilliams) Johnson moved, Dalton seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for a Decree of Censure, to grant licensure. If not signed within 30 days, deny licensure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.H.4. Richard Eugene Harrison LP040618; CNA1000001849 (McWilliams) Quinn moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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AzBN – January 2013, Regular Board Meeting Minutes 20

VI.H.5. Brittney Orta Martinez CNA Exam (McWilliams) Johnson moved, McCormies seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for a Decree of Censure, to grant certification. If not signed within 30 days, deny certification. The motion carried with eight in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 1 X

VI.H.6. Trenton James Oberly CNA Exam (McWilliams) McCormies moved, Berrigan seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for a Decree of Censure and a $50 Civil Penalty, to grant certification. If not signed within 30 days or payment not received within 60 days, deny certification. The motion carried with eight in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 1 X

Gutierrez left the meeting at 4:37 p.m. and returned at 4:40 p.m. VI.H.7. Tara Lea Peterson LP045119 (McWilliams) (aka: Degeer; Ranzinger) Dalton moved, Johnson seconded, and it was unanimously carried to issue an Interim Order for a psychological evaluation, to include a substance abuse evaluation, with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

Harrell left the meeting at 4:40 p.m. VI.H.9. Amber Dawn Rhodes RN Exam (McWilliams) Rhodes was present, telephonically, and available for questions. Snider moved, Dalton seconded, and it was unanimously carried to grant licensure upon meeting all requirements, and issue a Letter of Concern for the June 14, 2012 conviction for DUI-BAC.15, a misdemeanor, in Mesa, Arizona. VI.H.10. Jennifer Grace Roy RN149753 (McWilliams) Quinn moved, McCormies seconded, and it was unanimously carried to issue an Interim Order for a psychological evaluation, to include a substance abuse evaluation with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 60 days and then return to the Board. If the Interim Order is not completed, based

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AzBN – January 2013, Regular Board Meeting Minutes 21

upon the findings of fact and statute/rule violations identified in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

Harrell returned to the meeting at 4:44 p.m. VI.H.12. Samantha June Collett RN Exam (McWilliams) McCormies moved, Dalton seconded, upon a determination of reasonable cause, based on the facts alleged in the investigative report, and material presented at this Board meeting, to issue an Interim Order for a substance abuse evaluation with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 60 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny licensure and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order. After discussion McCormies amended the motion to include, the evaluation would be at no cost to the Board. Dalton concurred. The motion carried unanimously.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.E.1. Debra Carnes Herbold LP019299 (Hunter) Gutierrez moved, Quinn seconded, and it was unanimously carried to reopen Agenda Item VI.E.1. Herbold was present, telephonically, and available for questions. Johnson left the meeting at 4:48 p.m. and returned at 4:51 p.m. Quinn moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with eight in favor and one abstained.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 1 X ABSENT 1 X

VI.O.3. Michael Dale Blevins CNA Exam (Richter) Richter addressed the Board with additional information. An attempt was made to contact Blevins, telephonically. McCormies moved, Quinn seconded, and it was unanimously carried, on determination of reasonable cause based on the facts alleged in the investigative report, to offer a Consent Agreement for a psychological evaluation to include a substance abuse and anger management evaluation with a PhD prepared licensed psychologist to include any additional testing deemed necessary by the evaluator, at no cost to the Board, to be completed within 45 days and then return to the Board. If not completed, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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AzBN – January 2013, Regular Board Meeting Minutes 22

VI.O.11. Jessica Dawn Hurley RN Exam (Richter) Hurley was present, telephonically, and available for questions. Berrigan moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant licensure, and issue a Letter of Concern for the August 25, 2009, plea of no contest in the Superior Court of California, County of Los Angeles, on a weapon charge, which was later dismissed after completion of a diversion program. VI.O.13. Craig Bryant CNA Exam (Richter) An attempt was made to contact Bryant, telephonically and a message was left that the Board would move forward with the case. Quinn moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements, signing a Consent Agreement for a $50 Civil Penalty and payment of the Civil Penalty, to grant certification. If not signed within 30 days or payment not received within 60 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

The meeting recessed at 5:11 p.m., Tuesday, January 29, 2013.

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AzBN – January 2013, Regular Board Meeting Minutes 23

Arizona State Board of Nursing Janice K. Brewer Joey Ridenour Governor Executive Director

Board Meeting Minutes The regular meeting of the Arizona State Board of Nursing convened at 8:00 a.m., Wednesday, January 30, 2013, in the Board of Nursing Board Room, Suite 200, 4747 N. 7th Street, Phoenix, Arizona, with Randy C. Quinn, CRNA, President, presiding.

BOARD MEMBERS PRESENT: Randy C. Quinn, CRNA, President

Carolyn Jo McCormies, RN, MS, FNP-BC, Vice President Theresa (Terri) Berrigan, LPN, C-AL, Secretary

Leslie Dalton, MSN, RN, Member Lori Gutierrez, BS, RN-C, Member

M. Shawn Harrell, RN, MS, Member Patricia Johnson, LPN, Board Member

Kim Post, DNP, MBA/HCM, RN, NEA-BC, Member Charleen L. Snider, BSN, RN, Member

BOARD MEMBERS ABSENT: Kathryn L. Busby, JD, Member

LEGAL COUNSEL:

Elizabeth Campbell, Assistant Attorney General Anna Finn, Assistant Attorney General

STAFF DIRECTORS:

Joey Ridenour, RN, MN, FAAN, Executive Director Nikki Austin, JD, RN, Associate Director of Investigations/Compliance

Judy Bontrager, RN, MN, Associate Director of Operations Pamela Randolph, RN, MSN, Associate Director of Education and Evidence Based Regulation

Kirk Olson, Lead Senior Investigator Emma Mamaluy, JD, Chief Counsel

STAFF:

Susan Barber, RN, MSN, Nurse Practice Consultant/Hearings Frannie Breed, RN, BSN, Education Consultant

Janeen Dahn, MSN, FNP, Nurse Practice Consultant/AP Diva Galan, JD, Senior Investigator

Tamara Greabell, MA, BSN, RN, Nurse Practice Consultant Jan Kerrigan, RN, BSN, Nurse Practice Consultant/CANDO

Kristi Hunter, MSN, FNP-C, Nurse Practice Consultant Dolores Hurtado, Senior Investigator

Ruth Kish, RN, MN, Nurse Practice Consultant Ron Lester, Senior Investigator

Jennifer McWilliams, Senior Investigator

Linda Monas, Senior Investigator Cristina Oates, Legal Assistant

Doug Parlin, Senior Investigator Mary Rappoport, RN, MN, Nurse Practice Consultant

Bonnie Richter, MSW, Senior Investigator Jeanine Sage, RN, MSN, Nursing Assistant Consultant

Valerie Smith, RN, MS, FRE, Consultant to Exec Director Dirk VandenBerg, Sr., Senior Investigator

Opal Wagner, RN, BSN, Nurse Practice Consultant Barbara Melberg, Legal Secretary

Lisa Youtsey, Administrative Assistant

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AzBN – January 2013, Regular Board Meeting Minutes 24

I. Call to Order The meeting was called to order at 8:00 a.m., Wednesday, January 30, 2013. The following Board members were present Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. Quinn presided. Quinn welcomed members of the audience, explained the procedure for addressing the Board, and stated the mission of the Board.

II.A. Administrative Law Judge (ALJ) Recommendations II.A.1. Shari Angelena Camp RN Endorsement Campbell The proceeding began at 8:03 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law to uphold denial of application. Camp was not present and was not represented by legal counsel. McCormies moved, Quinn seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 21. McCormies moved, Dalton seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 22. McCormies moved, Dalton seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to deny the applicant’s appeal and that prior denial of Camp’s application for professional nurse be upheld and affirmed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.A.2. Stacey Lee Frederick CNA Exam Campbell The proceeding began at 8:07 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation.

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AzBN – January 2013, Regular Board Meeting Minutes 25

The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Frederick was present telephonically and addressed the Board with request for a second evaluation. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law to uphold denial of application. Johnson moved, Snider seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 5. Johnson moved, Dalton seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 and 2. McCormies moved, Johnson seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to deny the applicant’s appeal and that prior denial of Frederick’s application for nursing assistant certification be upheld and affirmed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.A.4. Laura Michael RN113397 Campbell The proceeding began at 8:14 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and uphold recommended Order for revocation. Michael was not present and was not represented by legal counsel. McCormies moved, Dalton seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 47. McCormies moved, Gutierrez seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 6. McCormies moved, Dalton seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to revoke professional nurse license No. RN113397, previously issued to Laura Michael.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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AzBN – January 2013, Regular Board Meeting Minutes 26

II.A.5. Randi Renae Windler CNA1000030580 Campbell The proceeding began at 8:17 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and the recommended Order. Windler was not present and was not represented by legal counsel. Harrell moved, Berrigan seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 23. Harrell moved, Berrigan seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 10. McCormies moved, Dalton seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to enter a Decree of Censure in Complaint No. 1111065 against CNA1000030580 issued to Randi Renae Windler. It is further Ordered that if this ALJ’s decision is certified by the Director of the Office of Administrative Hearings, Complaint No. 1111065 shall be dismissed without further action.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.A.6. Michelle Ann Zack LP043948 Campbell The proceeding began at 8:20 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and recommended Order. Zack was not present and was not represented by legal counsel. Johnson moved, McCormies seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 33.

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AzBN – January 2013, Regular Board Meeting Minutes 27

Johnson moved, Berrigan seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 8. Johnson moved, Dalton seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to revoke practical nurse license No. LP043948 previously issued to Michelle Ann Zack.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.A.7. Mara Lynne Hall RN102731 Campbell The proceeding began at 8:23 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and recommended Order. Susan Groth was present and available for questions. Hall was present and addressed the Board. Johnson moved, Dalton seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 36. Johnson moved, Dalton seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 10. Johnson moved, Dalton seconded, to accept the Administrative Law Judge’s recommended Order to place Mara Lynne Hall on 60 months probation further requiring drug testing 2 times per month for at least 6 months and one time per month thereafter if no positive results, one medical provider, pharmacy profile 2 times per month for 30 months, with one random EtG per month, requirements for evaluation as stated in state’s position on ALJ report.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.A.8. Susan Lawler LP038471 Campbell The proceeding began at 8:39 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation.

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AzBN – January 2013, Regular Board Meeting Minutes 28

The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and recommended Order. Lawler was present and addressed the Board. Post moved, McCormies seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 24. Gutierrez moved, McCormies seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 through 9. Berrigan moved, McCormies seconded, and it was unanimously carried to table Agenda Item II.A.8. II.B. Motion to Deem Allegations Admitted for Failure to Respond to Complaint and

Notice of Hearing & Recommended Discipline AGENA # Respondent Name Lic/Cert # Board

Resolution Legal Staff

II.B.1. Mary Joanne Goelz LP047045 Revocation Finn The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Anna Finn, Assistant Attorney General, represented the State. The above listed was not present and was not represented by legal counsel. Finn addressed the Board and recommended the Board deem allegations and revoke the license. Johnson moved, McCormies seconded, and it was unanimously carried to grant the State’s Motion to Deem Allegations Admitted. Johnson moved, Berrigan seconded, and it was unanimously carried to accept the Factual Allegations and the Alleged Violations from the Complaint and Notice of Hearing as Findings of Fact and Conclusions of Law. Johnson moved, Dalton seconded, and it was unanimously carried to accept the State’s recommended discipline for revocation.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.C. Settlement Conference Cases and Proposed Consent Agreements II.C.1. Stephanie Lynn Stevens RN Exam Finn The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Anna Finn, Assistant Attorney General, represented the State. Finn addressed the Board and recommended the Board accept the signed attached Consent Agreement. Stevens was not present and was not represented by legal counsel.

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AzBN – January 2013, Regular Board Meeting Minutes 29

McCormies moved, Snider seconded, and it was unanimously carried to accept the signed Consent Agreement.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.C.2. Brandon Alan Voll RN119288; LP037083 Finn The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Anna Finn, Assistant Attorney General, represented the State. Finn addressed the Board and recommended the Board accept the signed Consent Agreement. Voll was not present and was not represented by legal counsel. Gutierrez moved, Johnson seconded, and it was unanimously carried to accept the signed Consent Agreement.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.C.3. Ivan Quintan Jones RN167319; LP036297 Campbell The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and recommended the Board offer the proposed amended Consent Agreement. Jones was not present and was not represented by legal counsel. McCormies moved, Dalton seconded, and it was unanimously carried to offer an amended Consent Agreement including the attached stipulations.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.C.4. Kevin Lee Jordan RN094997 Campbell The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Campbell addressed the Board and recommended the Board accept the recommended Letter of Concern. Jordan was not present and was not represented by legal counsel. Snider moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for allegedly sharing confidential patient information with a former roommate.

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II.A. Administrative Law Judge (ALJ) Recommendations II.A.3. Lisa LaNette Nelson CNA Endorsement Campbell The proceeding began at 9:02 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. All Board members answered affirmatively that they had received and read the transcript of the hearing and the Administrative Law Judge recommendation. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Nelson was present and addressed the Board. Campbell addressed the Board and requested the Board accept the Administrative Law Judge’s recommended findings of fact and conclusions of law and to recommended Order. Nelson was given the opportunity to respond to the recommended discipline. Post moved, Berrigan seconded, and it was unanimously carried to accept as Findings of Fact the findings contained in Paragraphs 1 through 32. Quinn moved, McCormies seconded, and it was unanimously carried, to accept as Conclusions of Law the violations in Paragraphs 1 -10 and 13. Quinn moved, Berrigan seconded, and it was unanimously carried to reject Conclusions of Law the violations in Paragraph 11 and 12 because the Board feels there was evidence that applicant committed an act that deceived, defrauded, or harmed the public. Johnson moved, Berrigan seconded, and it was unanimously carried to accept the Administrative Law Judge’s recommended Order to deny the applicant’s appeal and that prior denial of Nelson’s application for nursing assistant certification be upheld and affirmed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.D. Motion to Deem Allegations Admitted for Failure to Respond to Notice of Charges

& Recommended Discipline AGENA Respondent Name Lic/Cert # Board

Resolution Legal Staff

II.D.1. Marc Allen Anderson CNA1000029828 Revocation Campbell II.D.2. Rose Maree Aubert (aka:

Rose O. Aubert; McGrath) RN088171 Revocation Campbell

II.D.4. Susan B. Eaton RN025042 Revocation Campbell II.D.5. Christina Rodriguez Garcia LP045178;

CNA1000006240 Revocation Campbell

II.D.6. Tanya Ann Giacomelli LP031451; CNA644073674 Revocation Campbell II.D.7. Cynthia Irene Goseyun CNA1000009160 Revocation Campbell II.D.8. Tara L. Holdren CNA999991946 Revocation Campbell II.D.11. Lynette Lange RN096593 Revocation Campbell

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II.D.12. Linda Marie Martinez RN054132 Revocation Finn II.D.13. Sonya Gail Moore (aka:

Braden) CNA999999248 Revocation Finn

II.D.14. Aliya Felice Rangel CNA1000000045 Revocation Finn II.D.16. Misty Michelle Thompson RN153496 Revocation Finn II.D.17. Bernita Tsosie CNA801278353 Revocation Finn II.D.18. Katie Lee Watson LP044042 Revocation Finn

The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell and Anna Finn, Assistant Attorneys General, represented the State. The above listed license/certificate holders were not present and were not represented by legal counsel. Johnson moved, Post seconded, and it was unanimously carried to grant the State’s Motions to Deem Allegations Admitted. Johnson moved, Post seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notices of Charges. Johnson moved, McCormies seconded, and it was unanimously carried to accept the State’s recommended discipline for Agenda Items II.D.1, 2, 4-8, 11-14, and 16-18.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

AGENA Respondent Name Lic/Cert # Board

Resolution Legal Staff

II.D.10. Margaret Ellen Jensen RN121160 Revocation Campbell The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General represented the State. Campbell addressed the Board and recommended the Board adopt the discipline it deemed appropriate. Jensen was present and addressed the Board. Johnson moved, Quinn seconded, and it was unanimously carried to grant the State’s Motion to Deem Allegations Admitted. Quinn moved, Johnson seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notice of Charges. Jensen was given the opportunity to respond to the recommended discipline. Quinn moved, Snider seconded, and it was unanimously carried to issue a Decree of Censure.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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AGENA Respondent Name Lic/Cert # Board Resolution

Legal Staff

II.D.15. Joshua Anthony Sandbank CNA1000027556 Revocation Finn The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Anna Finn, Assistant Attorney General represented the State. Finn addressed the Board and recommended the Board adopt the discipline it deemed appropriate. Sandbank was present and addressed the Board. McCormies moved, Quinn seconded, and it was unanimously carried to grant the State’s Motion to Deem Allegations Admitted. McCormies moved, Post seconded, and it was unanimously carried to accept the Factual Allegations as Findings of Fact and Alleged Violations as Conclusions of Law from the Notice of Charges. Respondent was given the opportunity to respond to the recommended discipline. Quinn moved, Johnson seconded, and it was unanimously carried to accept the State’s recommended discipline for revocation. II.A. Administrative Law Judge (ALJ) Recommendations II.A.8. Susan Lawler LP038471 Campbell Berrigan moved, Post seconded, and it was unanimously carried to reopen Agenda Item II.A.8. Lawler was present and available for questions. McCormies moved, Quinn seconded, and it was unanimously carried to issue an Order for a minimum 12 months suspension followed by 36 months probation including the attached stipulations.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

II.E. Rehearing Requests or Review of Board Decision II.E.1. Alexis Baes Miranda RN102584 Campbell The proceeding began at 9:44 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Miranda was present and available for questions. Attorney Faren Akins was present and addressed the Board. Campbell addressed the Board and recommended the Board adopt the action it feels is appropriate. Snider moved, Berrigan seconded, and it was unanimously carried to grant request for rehearing/reconsideration, based on an accident or surprise that could not have been prevented by ordinary prudence.

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II.E.2. Tammy J. Tsosie CNA1000022948 Campbell The proceeding began at 9:56 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Elizabeth Campbell, Assistant Attorney General, represented the State. Tsosie was present and addressed the Board. Campbell addressed the Board and recommended the Board deny request for rehearing/reconsideration. Quinn moved, Post seconded, to deny request for rehearing/reconsideration. The motion carried with six in favor and three opposed. II.F. Request to Rescind Prior Board Decision to Consider Alternative Action II.F.1. Terry Lynn Graul RN066900; AP1086 Barber The Board was represented by Christopher Munns, Assistant Attorney General, Division of Solicitor General. Attorney Teressa Sanzio was present and addressed the Board. Johnson moved to rescind the Board decision of March 20, 2012, to offer a Consent Agreement for an indefinite suspension pending the completion of an addiction evaluation by a Board approved addictionologist and the successful completion of treatment recommendations, and offer a Letter of Concern. After discussion, Johnson withdrew the motion. Quinn moved, Snider seconded, and it was unanimously carried to rescind the Board decision of March 20, 2012, to offer a Consent Agreement for an indefinite suspension pending the completion of an addiction evaluation by a Board approved addictionologist and the successful completion of treatment recommendations, and offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue a Complaint and Notice of Hearing.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

The meeting recessed at 10:09 a.m. and reconvened at 10:24 a.m. VI.E.8. Pamela Gebhardt RN030942 (Hunter) Hunter addressed the Board and confirmed receipt of additional information. Gebhardt was present, telephonically, and available for questions. Attorney Teressa Sanzio was present and addressed the Board. McCormies moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 24-month stayed revocation with the license suspended during the first 12 months and on probation the second 12 months, followed by 24-months probation, including the attached stipulations. If not signed within 30 days, issue Notice of Charges. After discussion, the motion carried with eight in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 1 X

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VI.B.2. Virginia Caberte Espinosa RN162989 (Greabell) Attorney Teressa Sanzio was present and addressed the Board. Snider moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

Dalton Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.A.5. Beverly Jean Rockwell RN057501; AP0087 (Dahn) Berrigan moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.A.5. Attorney Teressa Sanzio was present and addressed the Board. Johnson moved, Dalton seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 6-month probation, including the attached stipulations. If not signed within 30 days, issue Notice of Charges. After discussion, the motion failed with seven opposed and two in favor.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 2 X X NO 7 X X X X X X X

ABSTAIN 0 ABSENT 1 X

Berrigan moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12-month probation, including the attached stipulations. If not signed within 30 days, issue Notice of Charges

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.R. APRN/RN/LPN/CNA Investigative Report/Potential Summary Suspension Pursuant

to A.R.S. § 41-1092.11(B) and/or Acceptance of a Consent Agreement and/or Adoption of Complaint & Notice of Hearing

VI.R.2. Luann Marie Coogan RN165063 Greabell The proceeding began at 10:57 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. Coogan was not present and was not represented by legal counsel. Based upon the information presented at this meeting, all Board members verbally agreed that a showing of extraordinary circumstances or the possibility of irreparable harm has been made supporting the need for a Summary Suspension. McCormies moved, Post seconded, and it was unanimously carried, based upon the information presented at this meeting and the information contained in the investigative report, to accept and adopt the proposed preliminary Findings of Fact and Conclusions of Law of the Findings set forth in the draft Order attached to the investigative report. All Board members verbally agreed that the foregoing conduct poses an immediate threat to the public health, safety, or welfare and requires emergency action pursuant to A.R.S. § 41-1092.11(B).

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McCormies moved, Dalton seconded, and it was unanimously carried, based upon the information presented at this meeting, the findings of fact and statute/rule violations identified in the investigative report, and make a finding that public health safety and welfare imperatively requires emergency action and issue an Order summarily suspending the license No. RN165063 of Luann Coogan, pending further hearing. The hearing shall be promptly instituted and determined within 60 days.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

It was therefore ordered that the license of Luann Coogan be suspended effective with the service of the written Order, and that Coogan will immediately cease practice as a nurse. This suspension shall remain in effect pending a public hearing and final decision by the Arizona State Board of Nursing pursuant to A.R.S. § 32-1664. VI.R.3 Phyllis Ann Karns TRN060769 (Greabell) The proceeding began at 11:02 a.m., with the following Board members present: Quinn, McCormies, Berrigan, Dalton, Harrell, Johnson, Snider, Gutierrez and Post. Greabell addressed the Board with additional information. Karns was not present and was not represented by legal counsel. Based upon the information presented at this meeting, all Board members verbally agreed that a showing of extraordinary circumstances or the possibility of irreparable harm has been made supporting the need for a Summary Suspension. Post moved, Snider seconded, and it was unanimously carried, based upon the information presented at this meeting and the information contained in the investigative report, to accept and adopt the proposed preliminary Findings of Fact and Conclusions of Law of the Findings set forth in the draft Order attached to the investigative report. All Board members verbally agreed that the foregoing conduct poses an immediate threat to the public health, safety, or welfare and requires emergency action pursuant to A.R.S. § 41-1092.11(B). Post moved, Dalton seconded, and it was unanimously carried, based upon the information presented at this meeting, the findings of fact and statute/rule violations identified in the investigative report, and make a finding that public health safety and welfare imperatively requires emergency action and issue an Order summarily suspending the license No. TRN060769 of Phyllis Karns pending further hearing. The hearing shall be promptly instituted and determined within 60 days.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

It was therefore ordered that the license of Phyllis Karns be suspended effective with the service of the written Order, and that Karns will immediately cease practice as a nurse. This suspension shall remain in effect pending a public hearing and final decision by the Arizona State Board of Nursing pursuant to A.R.S. § 32-1664.

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VI.F.4. Trisha Beth Lewis RN094358 (Kish) Lewis was present and available for questions. Attorney Erica Krobot was present and addressed the Board. Johnson moved, Post seconded, and it was unanimously carried to dismiss the complaint. VI.B.3. Kathryn Elizabeth Deist RN115035 (Greabell) (aka: King) Greabell addressed the Board with additional information. Attorney Kelly McDonald was present and addressed the Board. Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for minimum 24-month probation including the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VI.B.9. Alicia Joy Sable RN160476 (Greabell) (aka: “Lisa” Stein) Greabell addressed the Board and confirmed receipt of additional information. Sable was present and available for questions. Attorney Kelly McDonald was present and addressed the Board. Jessica Ross and Heather Armbreast were also present and addressed the Board. Quinn moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for minimum 12-month probation requiring coursework on Nursing Ethics and Documentation and to include the additional attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

Sable addressed the Board with a rebuttal to the Board decision. Quinn moved, Berrigan seconded, and it was unanimously carried to amend the stipulations to include: “while employed in the Resource Pool at Abazo Healthcare, respondent may work under the supervision of the Resource Pool Director who shall communicate with the clinical directors/supervisors of the areas in which respondent provides nursing care about respondent’s performance, and who shall complete the performance evaluations submitted to the Board on respondent’s behalf”.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

VII. Board Reports for Discussion, Information, Staff Direction and/or Decision VII.A. Executive Directors Report – Ridenour VII.A.3. Overview of 2013 Legislative Session and Potential Bills Related to Nursing

Regulation, including House Bill 2316 – Harris/Ridenour Legislative liaison was present and addressed the Board. An overview of the 2013 legislative session and potential bills related to nursing regulations, including HB 2316 was discussed. VI.D.2. Leslie Ann Homcho RN163024 (Kerrigan)

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Kerrigan addressed the Board and confirmed receipt of additional information. Homcho was present and available for questions. Attorney Kelly McDonald was present and addressed the Board. Harrell moved, Snider seconded, and it was unanimously carried to dismiss the complaint. V.F. CANDO Eligibility/Noncompliance & Investigative Reports V.F.4. Primitivo Garcia Mendiola RN1238286; LP038442 (Smith) Smith addressed the Board with additional information. Mendiola was present and available for questions. Attorney Kelly McDonald was present and addressed the Board. Johnson moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 18 month stayed revocation during which time the license will be placed on Probation followed then by 18 months standard probation and to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

V.B. Applicants for Reissuance & Investigative Reports V.B.1. Robert Paul McMaster RN107531 Parlin Johnson recused herself and left the meeting at 12:24 p.m. Parlin addressed the Board and confirmed receipt of additional information. Attorney Kelly McDonald was present and addressed the Board. Quinn moved, Berrigan seconded, and it was unanimously carried to table Agenda Item V.B.1. Johnson returned to the meeting at 12:35 p.m. Harrell left the meeting at 12:36 p.m. IX. Dialogue with Nursing Students The Board members and staff dialogued with Gateway Community College and Paradise Valley Community College nursing students. Questions asked on:

How to acquire a position on the Board and necessary preparations How investigative reports are created and by who Threshold of evidence

Johnson left the meeting at 12:43 p.m. and returned at 12:45 p.m. Documentation line Where complaints come from Robert’s Rules The role of the Solicitor General

The meeting recessed at 12:53 p.m. and reconvened at 1:28 p.m. Harrell returned to the meeting at 1:28 p.m. VII.B. Educational Reports and Rules – Randolph/Breed/Wagner VII.B.1. Nurse Assistant Programs Approved by the Executive Director Information was provided to the Board regarding Nurse Assistant Programs approved by the Executive Director.

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VII.B.2. Nursing Program/Education Community Updates: Mohave Community College, Brown Mackie – Tucson & Maricopa Skill Center

Information was provided to the Board regarding personnel changes at Mohave Community College, Brown Mackie – Tucson, and Maricopa Skill Center. VII.B.3. Arizona College Baccalaureate Nursing Program Provisional Approval Application Judi Crume and Mary Killeen were present and available for questions. Quinn moved, Snider seconded, and it was unanimously carried to grant provisional approval to the Arizona College Baccalaureate Nursing Program with the following provisions:

1. A written report to the Board within 90 days regarding the resolution of any potential deficiencies. If a report is not received or the Program does not provide sufficient evidence that the potential deficiency is remedied, return to the Board for a determination of status.

2. A written report to the Board twelve (12) months after the enrollment of students regarding the differences between the final program implementation plan and the actual implementation to be followed by a focused site visit twelve (12) to eighteen (18) months after the enrollment of students.

VII.B.4. Eastern Arizona College Associate Degree Nursing Program Renewal of Approval

Application McCormies recused herself and left the meeting at 1:32 p.m. Quinn moved, Dalton seconded, and it was unanimously carried to grant full approval to Eastern Arizona College Associate Degree Nursing Program for a period of five years or in accordance with the programmatic accreditation cycle. McCormies returned to the meeting at 1:32 p.m. VII.B.5. Brookline College Baccalaureate Nursing Program Full approval Application Quinn moved, McCormies seconded, and it was unanimously carried, upon receipt of a for-cause drug screen policy for students and faculty to provide for patient safety under R4-19-203 (C) (6), recommend the Board grant full approval to the Brookline College Baccalaureate Nursing Program for a period of five years or according to accreditation cycle. VII.B.6. Pima Medical Institute – Tucson Associate Degree Nursing Program Full Approval

Application Dalton moved, Snider seconded, and it was unanimously carried to grant full approval to the Pima Medical Institute Associate Degree Nursing Program for a period of five years. VII.B.7. East Valley Institute of Technology Practical Nursing Program Full Approval

Application Quinn moved, Dalton seconded, and it was unanimously carried to grant full approval to the East Valley Institute of Technology Licensed Practical Nursing Program for a period of one year. VII.B.8. Brown Mackie College – Tucson Practical Nursing Degree Nursing Program 12-

month Provisional Report Gutierrez moved, Quinn seconded, and it was unanimously carried to continue provisional approval. VII.B.9. Mesa Community College – Boswell Associate Degree Program Investigative Report Complainant Star Ball was present and addressed the Board. Suzanne Leg and Debbie Bitter were present and available for questions. Quinn moved, McCormies seconded, and it was unanimously carried to dismiss the case against Mesa Community College – Boswell Nursing Program.

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VII.B.10. Brookline College Baccalaureate Nursing Program Investigative Report Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern to Brookline College Baccalaureate Nursing Program for hiring a faculty member who lacked the required 2 years experience on or about September 3, 2012. VII.B.11. Central Arizona College Certified Nursing Assistant Program Investigative Report

and Notice of Deficiencies Janice Smith was present and available for questions. Quinn moved, Snider seconded, and it was unanimously carried to continue Central Arizona College Nursing Assistant Program with 30 days to correct. VII.B.12. University of Phoenix Application for Nursing Program Change Pam Fuller was present and available for questions. Quinn moved, Snider seconded, and it was unanimously carried to approve the University of Phoenix LPN to BSN program change to discontinue the Program at Southern Arizona Campus. VII.B.13. Maricopa Skill Center Program Change Information was provided to the Board regarding Maricopa Skill Center program change. VII.B.15. Brookline College Certified Nursing Assistant Program Investigative Report Johnson moved, Quinn seconded, and it was unanimously carried, based upon the findings of fact and the statute/rule violations contained in the investigative report, to issue a Letter of Concern to Brookline College Nursing Assistant Program for failure to protect patients and the public by adopting an effective “for cause” drug policy or enforcing existing policies when 2 students were noted to smell of marijuana on July 25th 2012. VII.B.16. Recommendation to the Board appointment of Debra McGinty, RN, PhD to the

Education Advisory Committee McCormies moved, Dalton seconded, and it was unanimously carried to appoint Debra McGinty to the Education Committee for 2012-2014. VII.B.17. Notice of Final Rulemaking Article 2 and R4-19-702; Article 3 and R4-19-101; and

Article 5 McCormies moved, Quinn seconded, and it was unanimously carried to approve Notice of Final Rulemaking Article 2 and R4-19-702; approve Notice of Final Rulemaking Article 3 and R4-19-101; and approve Notice of Finale Rulemaking Article 5 incorporating recommendations of the American Association of Nurse Anesthetists. V.B. Applicants for Reissuance & Investigative Reports V.B.1. Robert Paul McMaster RN107531 Parlin Berrigan moved, Quinn seconded, and it was unanimously carried to reopen Agenda Item V.B.1. Johnson recused herself to avoid the appearance of impropriety. Parlin addressed the Board with additional information. Attorney Kelly McDonald was present and addressed the Board. Quinn moved, Berrigan seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 12 months stayed revocation during which time the license is placed on probation, followed then by 24 months standard probation including the attached stipulations, to grant temporary licensure for RN Refresher Course only. Upon successful completion of RN Refresher Course, grant RN license under applicable terms. If not signed within 30 days, deny licensure based upon the findings of fact and statute/rule violations identified in the investigative report. The motion carried with eight in favor and one abstained.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 1 X ABSENT 1 X

V.C. Non-Compliance/Compliance with Board Orders V.C.4. Kelly Lynn Bunton RN121091; CNA99998825 (Galan) An attempt was made to contact Bunton, telephonically and a message was left that the Board would move forward with the case. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations indentified in the monitoring non-compliance report, to issue a Letter of Concern for respondent's positive Urine Drug Screen (UDS) for Amphetamines on November 1, 2012, and allow her to continue with Order, and report Dr. Arebello to the Arizona Medical Board for writing a prescription for Adderall for respondent without a proper medical evaluation. V.C.5. Leslie Joy Silverstein Amadeo LP047503 (Galan) Galan addressed the Board with additional information. Amadeo was present and addressed the Board. Gutierrez left the meeting at 2:28 p.m. Quinn directed Board staff to review request for amendment to the Consent Agreement and return to a future Board meeting. Gutierrez returned to the meeting at 2:32 pm. V.C.6. Nicholas Francis James RN103708 (Galan) Galan addressed the Board with additional information. James was present and available for questions. Johnson moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue a Letter of Concern for respondent's positive urine drug screen for Propoxyphene on March 27, 3012, without a prescription, and terminate respondent's Consent Agreement and Order No. 0911125. V.C.7. Renata Jacqueline Nelson CNA999949901 (Galan) Nelson was present and addressed the Board. McCormies moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to allow respondent to continue on with the Order and excuse the missed urine drug screen (UDS) from September 26, 2012. V.F. CANDO Eligibility/Noncompliance & Investigative Reports V.F.6. Rosa Maria Martinez Thomas RN162286 (Smith) Smith addressed the Board with additional information. Thomas was present and addressed the Board. Post moved, Harrell seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 48-month stayed revocation to include the attached stipulations. For the first 12 months the license will be placed on suspension and for the duration of the stayed revocation, the license will be placed on probation. If not signed within 30 days, issue Notice of Charges. After discussion, Post amended the motion to strike finding of fact #10 from the investigative Report. Harrell concurred. The motion carried unanimously.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

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V.C. Non-Compliance/Compliance with Board Orders V.C.7. Renata Jacqueline Nelson CNA999949901 (Galan) McCormies moved, Gutierrez seconded, and it was unanimously carried to reopen Agenda Item V.C.7. Austin addressed the Board with additional information. McCormies moved, Dalton seconded, and it was unanimously carried to amend prior Board decision to include: “terminate Consent Agreement entered into on November 22, 2010”. VI. RN/LPN/CNA Investigative Reports VI.M.19. Billie Jo Phillips LP045273 (Sage) Phillips was present and addressed the Board. Gutierrez moved, Dalton seconded, and it was unanimously carried to issue a Letter of Concern for sleeping on duty on May 29, 2012, while employed as an LPN at Innovative Home Health, Phoenix, Arizona, resulting in termination of employment. VI.L.8. Michael Furline RN Endorsement (Parlin) Furline was present and addressed the Board. Quinn moved, Gutierrez seconded, and it was unanimously carried, upon meeting all requirements, to grant license, and issue a Letter of Concern for the October 30, 2007, arrest on the charges of Offensive Touching, Unauthorized Use of a Vehicle, and Criminal Mischief in Newcastle County, Delaware, and for the February 9, 2012, arrest for Battery/Domestic Violence in Las Vegas, Nevada. V.C. Non-Compliance/Compliance with Board Orders V.C.9. Adam John Kometer LP040327; CNA999993010 (Galan) Kometer and Jason Kometer were present and addressed the Board. Harrell left the meeting at 2:51 p.m. Quinn moved, Johnson seconded, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to offer a Consent Agreement for a twelve (12) month stayed suspension probation with terms and conditions. If not signed within 30 days, issue Notice of Charges. The motion failed with four in favor and four opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 4 X X X X NO 4 X X X X

ABSTAIN 0 ABSENT 2 X X

After discussion, McCormies moved, Gutierrez seconded, and it was unanimously carried to continue with current probation until terms have been met, and issue a Letter of Concern for testing positive for alcohol in a random urine drug screen on or about September 7, 2012. III. Board Reports Regarding Executive Director/Designee Delegated Duties: Cases

Dismissed, Letters of Concern, Cases Closed Through Settlement, Imposters and Court Ordered Revocations

III.A. Board Information Regarding Cases Dismissed Pursuant to ARS 32-1605.01 (C) 1 Information was provided to the Board regarding cases dismissed pursuant to ARS 32-1605.01 (C) 1 III.B. Board Information Regarding Letters of Concern Issued Pursuant to ARS 32-

1605.01 (C) 4 Information was provided to the Board regarding Letters of Concern issued pursuant to ARS 32-1605.01 (C) 4.

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III.D. Imposters, Cease & Desist Orders & Court Ordered Revocations Agenda # Name License/Certificate # Staff III.D.1. Cathleen Castro Wirth RN Imposter Hurtado III.D.2. Kari Soto RN Imposter Smith

Information was provided to the Board regarding Cease and Desist letters sent to the names listed above. IV. Lapsed Licenses & Certificates, Felony Bar Cases, Notice of Charges, Notice of

Denial of Application for Licensure/Certification, Applicants for Licensure/ Accept Signed Consent Agreement

IV.A. Lapsed Licenses & Certificates: Possible Administrative Penalty IV.A.1. Board Staff Recommendation: Offer Consent Agreement (Driver) Agenda # Name License/Certificate # Penalty

Amount IV.A.1.a. Jacquelyn Fischer CNA1000026443 $25 IV.A.1.b. Ruth Rascon CNA1000004304 $25 IV.A.1.c. Leticia Salazar CNA1000019266 $25 IV.A.1.d. Norma Estrada CNA1000026422 $25 IV.A.1.e. Andrea Martinez CNA320833803 $25 IV.A.1.f. Lindsey Nelson CNA1000025796 $25 IV.A.1.g. Kimberly Rogers CNA1000017304 $50 IV.A.1.h. Denise Banks CNA702497103 $50 IV.A.1.i. Anita Sellers RN066843 $100

Gutierrez moved, Quinn seconded, and it was unanimously carried, based on the finding of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for an Administrative Penalty for the amount stated for working on an expired license/certificate. If the Administrative Penalty is not paid within 6 months of the effective date of the order, issue Notice of Charges; and referral of the employer will be made to the Department of Health Services for licensee/certificate holders working on a lapsed license/certificate for three months or greater. IV.A.2. Board Staff Recommendation: Accept Signed Consent Agreement (Driver) Agenda # Name License/Certificate # Penalty Amount IV.A.2.a. Christopher Titular CNA999995542 $25 IV.A.2.b. Lucy Ward CNA999953286 $25 IV.A.2.c. Ashley Long CNA1000024473 $25

Post moved, McCormies seconded, and it was unanimously carried, based on the finding of fact and statute/rule violations identified in the investigative report, to accept the signed Consent Agreement and paid Administrative Penalty for the amount stated for working on an expired license/certificate; and referral of the employer will be made to the Department of Health Services for licensees/certificate holders working on a lapsed license for three months or greater. IV.A.3. Board Staff Recommendation: Accept Signed Consent Agreement/Grant Licensure

(Kish) Agenda # Name License/Certificate # Penalty Amount IV.A.3.a. Eleanor Landolt-Bohus RN Endorsement $200 IV.A.3.b. Margaret Michelle Rossi (aka: M.

Michelle Rossi; M. Michelle Hockman)

RN Endorsement $500

Quinn moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute and rule violations identified in the investigation report, and upon meeting all licensure

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requirements, to accept the signed Consent Agreement for an Administrative Penalty in the amount stated, and grant licensure. IV.B. Felony Bar Cases IV.B.1. Board Staff Recommendation: Adopt Order of Denial for Applicants Agenda # Name License/Certificate # Staff IV.B.1.a. Alma Angelina Vidal-Noriega CNA Exam Richter

Quinn moved, Johnson seconded, and it was unanimously carried to adopt the attached Order of Denial.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

V.A. Board Staff Recommendation: Terminate Previously Issued Board Orders after

Full Compliance, RN/LP/CNA – (Oates) (List available in Board office) Johnson moved, Quinn seconded, and it was unanimously carried to approve the full compliance list to terminate Board Order if no evidence of non-compliance with Board Order/Consent Agreement exists. Harrell returned to the meeting at 3:05 p.m. V.C. Non-Compliance/Compliance with Board Orders V.C.1. Tirzah Dawne Silver LP035039 (Galan) Johnson moved, Dalton seconded, and it was unanimously carried to approve respondent's request to amend the Consent Agreement and Order No. 0907076, to state that, "Respondent shall work any shift, but shall not work more than 84 scheduled hours within a 14-day period." V.C.2. Tammy Sue Choat RN124125 (Galan) Snider moved, Berrigan seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue a Letter of Concern for the September 13, 2012, October 18, 2012, November 6, 2012, December 18, 2012, and January 8, 2013, missed drug screens and failure to submit notification of practice settings, but grant respondent's request to terminate Consent Agreement and Order No. 0805152. V.C.8. Dorothy Ann Blackgoat CNA999998551 (Galan) McCormies moved, Quinn seconded, and it was unanimously carried to continue the investigation to allow respondent the opportunity to obtain a relapse prevention evaluation with a Board approved evaluator and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, lift the stay of revocation.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 9 X X X X X X X X X NO 0

ABSTAIN 0 ABSENT 1 X

Snider left the meeting at 3:13 p.m. V.C.10. Sarah McLain RN113175 (Galan) Galan addressed the Board with additional information. McLain was present, telephonically, and addressed the Board. Post left the meeting at 3:14 p.m.

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Quinn moved, Johnson seconded, and it was unanimously carried, based upon the language of paragraph C in the Board Order, and the noncompliance identified in the findings of fact in the monitoring non-compliance report, respondent's stay of suspension shall be lifted and respondent's license shall be suspended for a minimum period of eighteen (18) months, during which time respondent shall not practice nursing and shall remain compliant with the other terms and conditions of Board Order No. l1A-1011006-NUR.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 7 X X X X X X X NO 0

ABSTAIN 0 ABSENT 3 X X X

V.C.12. Natalie Taylor CNA1000035333 (Galan) Johnson moved, Dalton seconded, and it was unanimously carried, based upon the language of the Order and the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to lift the stay of revocation. Snider and Post returned to the meeting at 3:17 p.m. The motion carried with seven in favor and two abstained.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 7 X X X X X X X NO 0

ABSTAIN 2 X X ABSENT 1 X

V.D. Non-Compliance/Compliance with Board Orders V.D.1. Hollis Adams Harvey RN107238; LP032477 (Oates) Johnson moved, Snider seconded, and it was unanimously carried to approve respondent's request to amend paragraph 11 of Consent Agreement and Order No. 1003092, to state that, "Respondent can work any shift. Within a 14-day period respondent shall not work more than 84 scheduled hours". V.D.2. Lydia Renee Bass RN147855; LP039995 (Oates) Post moved, McCormies seconded, and it was unanimously carried to approve respondent's request to amend paragraph 10 of Consent Agreement and Order No. 0902046, to allow respondent to work any shift and amend paragraph 11 to allow respondent to work 10 to 13 week block assignments for one nurse registry. V.D.3. Sarah Anne Santa Cruz RN157505 (Oates) Post moved, Dalton seconded, and it was unanimously carried to approve respondent's request to amend paragraph 13 of Consent Agreement and Order No.0909046, to state that, "Respondent may work any shift. Within a 14-day period respondent shall not work more than 84 scheduled hours." V.D.4. Heidi Rene Boliek RN109819 (Oates) Snider moved, Berrigan seconded, and it was unanimously carried to approve respondent's request to amend paragraph 7 of Consent Agreement and Order No. 1010012, to state that, "Random drug testing shall be done at a minimum of twice per month, one of which will be an EtG test". V.D.5. Dolores Michelle Lavender LP038126 (Oates) Post moved, McCormies seconded, and it was unanimously carried to approve respondent's request to amend paragraph 10 of Consent Agreement and Order No. 1003087, to state: Respondent may work at Cottonwood Village Assisted Living under the on-site supervision of the Cottonwood Village Assisted Living Administrator. All other positions requiring nursing licensure must be performed under RN on-site supervision. The meeting recessed at 3:21 p.m. and reconvened at 3:30 p.m. Dalton left the meeting at 3:30 p.m.

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V.E. Notice of Charges for RN/LP/CNA Noncompliance V.E.1. Michelle Noreen Gollihur RN1550363; LP039113 (Galan) V.E.2. Maria Rodriguez RN151838; LP042077; CNA1000006065 (Galan) V.E.4. Dawn Solik-O’Shaughnessy RN088006 (Galan) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the monitoring non-compliance report, to issue Notice of Charges. Berrigan returned to the meeting at 3:35 p.m. V.E.3. Holly Hartley-Cobb RN052454 (Galan) Galan addressed the Board with additional information. Quinn moved, McCormies seconded, and it was unanimously carried to table Agenda Item V.E.3. to the March 2013 Board meeting. VI.G.11. Sandra Portillo CNA Endorsement (Lester) Harrell moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.G.11. Quinn moved, Johnson seconded, and it was unanimously carried to rescind prior Board decision, and based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 18-months stayed suspension/probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.G.12. Jennifer A. McCollum CNA Exam (Lester) McCormies moved, Berrigan seconded, and it was unanimously carried to reopen Agenda Item VI.G.12. McCormies moved, Gutierrez seconded, and it was unanimously carried to rescind prior Board decision and, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 24-months stayed suspension/probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.G.14. David M. Johnson CNA Exam (Lester) Berrigan moved, Johnson seconded, and it was unanimously carried to reopen Agenda Item VI.G.14. McCormies moved, Snider seconded, and it was unanimously carried to rescind prior Board decision and, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements and signing a Consent Agreement for 24-months stayed suspension/probation including the attached stipulations, to grant certification. If not signed within 30 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

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VI.E.4. Theresa Ann Berry RN108351 (Hunter) Johnson moved, Berrigan seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. After discussion the motion failed with six opposed and two in favor.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 2 X X NO 6 X X X X X X

ABSTAIN 0 ABSENT 2 X X

Harrell moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for administering diphenhydramine (Benadryl) to a patient multiple times without a medical order from January 2012 through March 2012, while employed at Fresenius Medical Care-Bullhead City Dialysis, in Bullhead City, Arizona. VI.E.5. Rosalinda Barr RN082548 (Hunter) Barr was present, telephonically, and available for questions. McCormies moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for 12-months probation, and to include the attached stipulations. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

The Board directed staff to contact the Medical Board regarding the doctor in this case. VI.J.1. Jennifer Rene Acosta CNA Exam (Monas) Snider moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.2. Linda Sue Alverson CNA Exam (Monas) Monas addressed the Board with additional information. Snider moved, Berrigan seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all certification requirements, signing a Consent Agreement for a $50 Civil Penalty and payment of the Civil Penalty, to grant certification. If not signed within 30 days or payment not received within 60 days, deny certification. The motion carried with six in favor and two opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 6 X X X X X X NO 2 X X

ABSTAIN 0 ABSENT 2 X X

VI.J.3. Arthur Ray Carter CNA Exam (Monas) (aka: Millandis) Post moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.4. Michael Scott Jones CNA Exam (Monas) Monas addressed the Board with additional information. Gutierrez moved, Post seconded, and it was unanimously carried, upon a determination of reasonable cause, based on the facts alleged in the investigative report, and material presented at this Board meeting, to issue an Interim Order for a substance abuse evaluation by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification.

VOTE

Dalton Member

McCormies Member

Harrell Member

Snider Member

Berrigan Secretary

Quinn President

Johnson V. Pres.

Gutierrez Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.5. Mayra Gabriela Pierce CNA Exam (Monas) (aka: Hernandez-Diaz) Johnson moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.6. Yoko Raylene Swanson CNA Exam (Monas) Snider moved, Gutierrez seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.7. Jose Juan Velez CNA Exam (Monas) Post moved, Harrell seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.8. Jesus Ramon Villegas CNA Exam (Monas) (aka: Montoya; Villegas-Montoya) Snider moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.11. Nicole M. Grabarec CNA Exam (Monas) (aka: Barron) Monas addressed the Board with technical corrections to the investigative report. Johnson moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.J.12. Candace Bonnie Basil RN137253 (Monas) (aka: Peters; Skillicorn) Monas addressed the Board with technical corrections to the stipulations sheet. Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a 12 month stayed suspension/ probation, to include the attached amended stipulations, followed then by 24-month probation to include the attached stipulations. If not signed within 15 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.K.4. Sarah Coyne CNA Exam (Olson) Snider moved, Gutierrez seconded, and it was unanimously carried to grant certification upon meeting all requirements, and issue a Letter of Concern for the September 30, 2011, conviction of DUI, a misdemeanor, in Pima County Consolidated Justice Court in Pima County, Arizona. VI.K.6. Steven Joseph Holland CNA1000000181 (Olson) McCormies moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.K.8. Leslie Lynn Williams CNA Exam (Olson) Johnson moved, Berrigan seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to obtain a psychological evaluation, to include a anger management evaluation, by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If the evaluation is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

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VI.L.3. Bradley David Slade RN125901 (Parlin) Post moved, Snider seconded, and it was unanimously carried to continue the investigation to allow respondent the opportunity to voluntarily obtain a psychological evaluation, to include a substance abuse evaluation to be completed by a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If evaluation is not completed, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.L.5. Kachyto Jacobi CNA1000034548 (Parlin) Gutierrez moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.L.6. Kalyn Nichole Hovey CNA Exam (Parlin) McCormies moved, Snider seconded, and it was unanimously carried to continue the investigation to allow applicant the opportunity to voluntarily obtain a psychological evaluation, to include a substance abuse evaluation with a Board approved licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be scheduled and completed within 45 days and then return to the Board. If evaluation is not completed, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.L.9. Teresa Ann Colby RN086819; LP028259 (Parlin) (aka: Lemons) Johnson moved, Quinn seconded, and it was unanimously carried to issue a Letter of Concern for the March 21, 2012, misdemeanor Extreme DUI conviction in Sierra Vista, Arizona. VI.L.11. Wilbert Warren Elam CNA Endorsement (Parlin) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, upon meeting all requirements, signing a Consent Agreement for a $50 Civil Penalty and payment of the Civil Penalty, to grant certification. If not signed within 30 days or payment of the civil penalty not received within 60 days, deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.1. Velma J. Bahe CNA999997031 (Sage) Gutierrez moved, McCormies seconded, and it was unanimously carried to rescind the September 20, 2012 Board decision and issue a Letter of Concern for restraining a resident with a gait belt at the instruction of an LPN on March 16, 2012, while employed as a CNA at Chinle Nursing Home in Chinle, Arizona.

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VI.M.2. Larry Bilko CNA1000011863 (Sage) Snider moved, Gutierrez seconded, and after discussion it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.3. Brittany Maire Blake CNA1000002727 (Sage) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.M.4. Stephen Marc Buchholz CNA1000015235 (Sage) McCormies moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for yelling at one resident and reportedly telling another to “shut up” while employed as a CNA at Desert Highlands in Kingman, Arizona resulting in termination of his employment. VI.M.5. Elizabeth Kaye Butler CNA1000005219 (Sage) Snider moved, Berrigan seconded, to issue a Letter of Concern for scolding a resident and speaking to her as though she were a child in June of 2012, while employed at Odyssey Hospice in Tucson, Arizona. After discussion the motion carried with six in favor and two opposed. VI.M.6. Elaine Marie Bystrom CNA999993306 (Sage) (aka: Elwood) Snider moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.M.7. Domingo S. Caballes CNA455357061 (Sage) Gutierrez moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.M.8. Sylvia Canez CNA329913839 (Sage) (aka: Mujica) Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for allegedly arguing with a resident’s dentist over the resident’s identity when sent by Watermark At Home to Sunrise Assisted Living to pick up a resident for a dental appointment on or about August 7, 2012. VI.M.10. Katherina Renoth LP043733 (Sage) Johnson moved, McCormies seconded, and it was unanimously carried to issue a Letter of Concern for failing to follow-up on Resident J.G’s complaints of pain with the resident’s nurse on November 13, 2011, or document her assessment while employed as an LPN at Westchester Care Center in Tempe, Arizona. VI.M.11. Sandy Carl Kapahu Downs CNA1000021684 (Sage) Gutierrez moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.12. Niclole R. Garner CNA1000033121 (Sage) Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for walking off her assigned shift on July 28, 2012, while employed as a CNA at Mission Palms in Mesa, Arizona. VI.M.13. Magdalena Holmes CNA1000027564 (Sage) (aka: Eigo) Snider moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.M.14. Susan Sandra Hudson CNA1000031467 (Sage) (aka: Long; Nelson) Post moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for inappropriately addressing a resident using foul language on May 12, 2012, while employed as a CNA at Highland Manor Health and Rehabilitation in Phoenix, Arizona. VI.M.15. Tamisha Lynette Irving CNA1000030489 (Sage) Snider moved, Post seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.16. Keith Wilson Lopez CNA999994782 (Sage) Snider moved, Johnson seconded, and it was unanimously carried to issue a Letter of Concern for arriving for duty as a CNA on September 1, 2012, at 2:30 pm. at Suncrest Care Center in Phoenix, Arizona and then leaving within 15 minutes without notifying an appropriate supervisor. VI.M.17. Tonia Bianca Mulbah CNA1000033382 (Sage) (aka: Tarr; Seton) Gutierrez moved, Berrigan seconded, and it was unanimously carried to issue a Letter of Concern for three residents’ perception that she was rude and rough on August 5, 2012, while employed as a CNA at Choice Rehab Center in Sun City West, Arizona. VI.M.18. Adrianna Danielle Owens CNA1000031267 (Sage) (aka: Owens Prickett) Berrigan moved, Snider seconded, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges. The motion carried with seven in favor and one opposed.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 7 X X X X X X X NO 1 X

ABSTAIN 0 ABSENT 2 X X

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VI.M.20. Fatima Marie Ramos CNA1000016136 (Sage) Snider moved, Berrigan seconded, and it was unanimously carried to continue the investigation to allow Ramos to undergo a substance abuse evaluation with a Board approved PhD prepared evaluator to be completed within 45 days or issue a Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.22. Reniel Maricia Saberon CNA1000004405 (Sage) McCormies moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to offer a Consent Agreement for a Decree of Censure. If not signed within 30 days, issue Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.M.23. Victoria Mercedease Whatley CNA1000022978 (Sage) Snider moved, Berrigan seconded, and it was unanimously carried to continue the investigation to allow Whatley to submit to a substance abuse evaluation with a Board approved PhD prepared evaluator to be completed within 45 days or issue a Notice of Charges.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.N.1. Lisa Renee Allen RN Endorsement (Rappoport) (aka: Pettit) Snider moved, Johnson seconded, and it was unanimously carried to allow applicant to withdraw her 2010 Arizona State Board of Nursing RN endorsement application, and upon receipt of new endorsement application, the Board will initiate an investigation. VI.N.2. Christopher Joseph Barott RN Endorsement (Rappoport) Rappoport addressed the Board with technical corrections to the investigative report. Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute and rule violations identified in the investigative report, to issue an Order of Denial.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.N.3. Katrina Renee Blandford RN151591 (Rappoport) (aka: Jones) McCormies moved, Johnson seconded, and after discussion it was unanimously carried, based upon the findings of fact and statute and rule violations, to offer a Consent Agreement for a $250 Civil Penalty, if not signed in 30 days, issue Notice of Charges.

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VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

Harrell left the meeting at 4:30 p.m. VI.N.4. Rachael Anne Croft RN141776 (Rappoport) Johnson moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.N.5. Nancy Ellen Coche RN132943 (Rappoport) (aka: Reid) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.N.6. Robin Elaine Gray RN1556688 (Rappoport) (aka: Weaver) Snider moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.N.7. Kathy Fore Seay 121374 (Compact NC) (Rappoport) Snider moved, McCormies seconded, and it was unanimously carried to dismiss the complaint and refer case to home State of North Carolina. VI.N.8. Veneta Gay Skyes RN136007 (Rappoport) (aka: Thompson; Omer; Christensen) Johnson moved, Snider seconded, and it was unanimously carried to issue a Letter of Concern for the June 4, 2009, disciplinary action taken by the Washington State Nursing Care Quality Assurance Commission, for professional boundary violations, resulting in a 3-yr. probationary monitoring agreement, which was successfully completed on June 4, 2012. VI.N.9. Connie Sue Tolbert-Ulloa LP022227 (Rappoport) (aka: Tolbert) Post moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.N.10. Maria Charina Cala RN158827 (Rappoport) Snider moved, Johnson seconded, based upon the findings of fact and statute violations contained in this investigative, to offer a Consent Agreement for suspension, not to exceed 24-months including the attached stipulations. If the Consent Agreement is not signed within 30 days, issue Notice of Charges. Harrell returned to the meeting at 4:35 p.m. After discussion, the motion carried with seven in favor and one abstained.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 7 X X X X X X X NO 0

ABSTAIN 1 X ABSENT 2 X X

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VI.N.12. Deborah Lynne Finks RN119208 (Rappoport) (aka: Walter) Rappoport addressed the Board with additional information. Post moved, Harrell seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to issue Notice of Charges. VI.N.13. Susan Marie Edelbach RN135156 (Rappoport) Quinn moved, Snider seconded, and it was unanimously carried, based upon the information contained in the investigative report, to issue a Letter of Concern for the May 29, 2009, disciplinary action by the Montana Board of Nursing which required monitoring by the Montana Nurses Assistance Program, which was successfully completed on May 29, 2012, and upon meeting all requirements, grant re-issuance of licensure. VI.O.1. Rowena Jean Aguilar CNA Exam (Richter) (aka: Whitehorse; Banally) Snider moved, McCormies seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.2. Carolyn Arredondo CNA Exam (Richter) Quinn moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.5. Candace Rose Fitch CNA Exam (Richter) Gutierrez moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.6. Jessica Anne Kempton CNA Exam (Richter) (aka: Goldin) Post moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.7. Andy Raul Martinez CNA999994568 (Richter) Johnson moved, Berrigan seconded, and it was unanimously carried, upon a determination of reasonable cause, based on the facts alleged in the investigative report, and material presented at this Board

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meeting, to issue an Interim Order for a substance abuse evaluation with a Board approved PhD prepared licensed psychologist, and to include any additional testing deemed necessary by the evaluator, to be completed within 45 days and then return to the Board. If the Interim Order is not completed, based upon the findings of fact and statute/rule violations identified in the investigative report, issue a Notice of Charges and include the factual allegations and alleged violations of statute and rule for failure to comply with the Interim Order.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.8. Amy Preciado CNA Exam (Richter) Berrigan moved, Johnson seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.9. Amanda Kristine Robinson CNA Endorsement (Richter) Snider moved, Berrigan seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.10. Jordan Ashton Slattery CNA Exam (Richter) (aka: Gibbons) Gutierrez moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.12. Connie Carol Wilson CNA Exam (Richter) Johnson moved, Snider seconded, and it was unanimously carried, based upon the findings of fact and statute/rule violations identified in the investigative report, to deny certification.

VOTE

Dalton Member

Johnson Member

Snider Member

Berrigan Secretary

Quinn President

McCormiesV. Pres

Gutierrez Member

Harrell Member

Post Member

Busby Member

YES 8 X X X X X X X X NO 0

ABSTAIN 0 ABSENT 2 X X

VI.O.15. Eric Seargent CNA Exam (Richter) (aka: Boyle) Post moved, Harrell seconded, and it was unanimously carried to issue a Letter of Concern for the misdemeanor conviction on May 18, 2012, in the Phoenix Municipal Court for Driving Under the Influence/Impaired to Slightest Degree.

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VI.K.6. Steven Joseph Holland CNA1000000181 (Olson) Berrigan moved, McCormies seconded, and it was unanimously carried to reopen Agenda Item VI.K.6. Olson addressed the Board with additional information. Quinn moved, Snider seconded, and after discussion it was unanimously carried to rescind prior Board decision, and based upon the findings of fact and statute/rule violations identified in the investigative report, to issue a Complaint and Notice of Hearing. VII. Board Reports for Discussion, Information, Staff Direction and/or Decision VII.A. Executive Directors Report – Ridenour VII.A.1. Discuss/Amend and/or Approve Board Minutes VII.A.1.a. November 7, 8 & 9, 2012, Regular Board Meeting Minutes VII.A.1.b. December 17, 2012, Special Board Meeting VII.A.1.c. December 17, 2012, Executive Session Minutes Quinn moved, Snider seconded, and it was unanimously carried to approve minutes of November 7, 8, & 9, 2012, regular Board meeting, the minutes of December 17, 2012, special Board meeting as amended, and the minutes of December 17, 2012, Executive Session. VII.A.2. New Arizona State Board of Nursing Website and Website Statistics –

Henriksen/Ridenour Henriksen offered an overview of the updated AzBN website. Gutierrez suggested an article in an upcoming volume of the journal to showcase navigation of the website. VII.A.4. Draft Policies for Consideration: a. Release of Public Records & Information – Bontrager b. Covered Employee Grievance Procedure – Bontrager

c. Employee Complaint Process – Allegations of Unlawful Discrimination or Harassment – Bontrager

Quinn moved, Snider seconded, and it was unanimously carried to approve the policies for Release of Public Records & Information; Covered Employee Grievance Procedure; and Employee Complaint Process – Allegations of Unlawful Discrimination or Harassment. VII.A.6. Update on Personnel Changes; Selection Board Chief Counsel; Introduction New

Staff – Austin/Bontrager/Randolph/Ridenour Personnel updates noted:

Emma Mamaluy as legal counsel to the Board AAG Judy Sirkis to begin with the Board February 4, 2013 Resignation of Pendergast and Guffy Interim assignment of Jan Kerrigan to CANDO Exam tech Patricia Santino new hire Resignation of Deb McGinty and the reassignment for Opal Wagner, new hire Fran Breed Lisa Youtsey assigned to train for Board minutes recorder Anna Youtsey, new volunteer

VII.A.7. Proposed 2014 Board Calendar – Ridenour Quinn moved, Snider seconded, and it was unanimously carried approve the 2014 Board calendar. VII.A.8. January 22, 2013 Auditor General Report to Joint Legislative Committee:

Conclusion of Follow Up on Recommendations from May 2011 Performance Audit Report – Austin/Olson/Ridenour

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Information was provided to the Board regarding the January 22, 2013 Auditor General Report to Joint Legislative Committee: Conclusion of Follow up on Recommendations from May 2011 Performance Audit Report. VII.A.9. Update on FY 2014 Proposed Budget Request – Orchard/Bontrager Orchard gave an update on FY 2014 proposed budget request. VII.D. A.A.G. Report – Mamaluy/Campbell VII.D.2. Verified Complaint for Judicial Review/Declaratory Relief & Special Action Relief:

Roberta Collins vs Arizona State Board of Nursing – Campbell/Finn Campbell reported that Finn has filed a motion to dismiss and the judge has not ruled in the Roberta Collins vs Arizona State Board of Nursing matter. VII.E. Committee Reports VII.E.1. Scope of Practice – Gutierrez/Berrigan/Snider/Bontrager VII.E.1.a. Scope of Practice Committee Minutes – December 2, 2012 Scope of Practice Committee meeting draft minutes of December 3, 2012, were provided to the Board. VII.E.1.b. Draft Advisory Opinion – Frequently Asked Questions Regarding Esophageal

Temperature Probe - Bontrager VII.E.1.c. Draft Advisory Opinion – Medical Esthetic Procedures Performed by Licensed

Nurses - Bontrager VII.E.1.d. Draft Advisory Opinion – Intrauterine Pressure Catheters (IUPC) - Bontrager VII.E.1.e. Draft Advisory Opinion – Intraosseous Cannulations - Bontrager VII.E.1.f. Draft Advisory Opinion – Lumbar Puncture - Bontrager VII.E.1.g. Draft Advisory Opinion – Pacemaker Wires, Removal of Temporary - Bontrager VII.E.1.h. Draft Advisory Opinion – Scope of Practice Decision Tree - Bontrager VII.E.1.i. Draft Advisory Opinion – Fetal Scalp Electrodes - Bontrager VII.E.1.j. Draft Advisory Opinion – Endoscopic Procedures: the Role of the RN - Bontrager Johnson moved, Snider seconded, and it was unanimously carried to approve the above listed Advisory Opinions. The Board was notified that Snider will no longer serve on the Scope of Practice Committee. VII.E.2. Education – Dalton/McCormies/Harrell/Randolph/McGinty VII.E.2.a. Draft Minutes of Education Committee Meeting – December 4, 2012 Education Advisory Committee meeting draft minutes of December 4, 2012, were provided to the Board. VII.A. Executive Directors Report – Ridenour VII.A.5. Board Member Education: Frequently Asked Questions by Board Members –

Quinn/Ridenour (approx 1 hr) Ridenour offered the Board members education on Frequently Asked Questions by Board Members. VII.C. President’s Report – Quinn VII.C.1. Recognition of Board Member Receiving Doctorate: Dr. Kim Post - Quinn Quinn and the Board offered congratulations to Post on receiving her Doctorate.

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VII.C.2. Debriefing on Board Processes and Suggested Changes - All Suggested items:

Date stamp the bottom of investigative reports Update script books Evaluations without investigative reports attached

VIII. Call to the Public No members of the public requested to speak X. Adjournment Post moved, Gutierrez seconded, and it was unanimously carried to adjourn the meeting. The meeting adjourned at 6:16 p.m., Wednesday, January 30, 2013.

Randy C. Quinn, MSN, CRNA, President